Res 02-01RESOLUTION NO. 2-01
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA, AUTHORIZING THE CITY
TO PURCHASE FROM SELLER CERTAIN REAL PROPERTY
IN THE CITY OF DELRAY BEACH, DESCRIBED AS TRACT
O, TROPIC PALMS PLAT 1, AS MORE PARTICULARLY
DESCRIBED HEREIN, WHICH PROPERTY IS LOCATED
JUST WEST OF THE F.E.C. RAILROAD BETWEEN LINDELL
BOULEVARD AND THE LEON M. WEEKES
ENVIRONMENTAL PRESERVE, HEREBY INCORPORATING
AND ACCEPTING THE CONTRACT AND TERMS OF THE
CONTRACT FOR SALE AND PURCHASE BETWEEN THE
CITY OF DELRAY BEACH AND WALTER & GEORGINE T.
WHEREAS, the City of Delray Beach, Florida, wishes to acquire Tract O, Tropic
Palms Plat 1, for the municipal purpose of providing a detention pond for drainage
improvements to be constructed on Albatross Road; and
WHEREAS, the Seller hereinafter named desires to sell the property hereinafter
described to the City of Delray Beach, Florida; and
WHEREAS, it is in the best interest of the City of Delray Beach to purchase said
property for the purpose described above.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the City Commission of the City of Delray Beach, Florida, as
Buyer, hereby agrees to enter into a contract with Walter & Georgine T. Hahn, as Seller, in order
to acquire certain real property in the City of Delray Beach, for the purchase price of Eighty-Five
Thousand Dollars (US$85,000.00), and other good and valuable consideration; said property
being more particularly described as follows:
Tract O, Tropic Palms Plat 1, as recorded in Plat Book 25, Page
99, of the Public Records of Palm Beach County, Florida.
The subject property is located just west of the F.E.C. Railroad
between Lindell Boulevard and the Leon M. Weekes
Environmental Preserve.
Section 2. That the costs of closing and transactions, title insurance, document
preparation and attorney's fees shall be borne by the City of Delray Beach, Florida.
Section 3. That the terms and conditions contained in the aforementioned
contract for sale and purchase and addenda thereto between the City of Delray Beach, Florida,
and the Seller as hereinabove named, are hereby incorporated herein as Exhibit "A" and can be
further reviewed in the office of the City Clerk, 100 N.W. 1st Avenue, Delray Beach, Florida.
PASSED AND ADOPTED in regularas, esslon on this 2n~! day of January, 2001.
MAYOR
ATTEST:
2 Res. No. 2-01
CURLEW RD
CURLEW
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WEEKES
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PRESERVE
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CITY OF
BOCA RA TON
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CiTY OF DELRAY BEACH. FL
PLANNING z,- ZONING DEPARTMENT
WALTER HAHN'S PROPERTY
-- DIGITAl B.,4$E MAP SYSTEM -- MAP REF- LM4.90
CITY OF 9ELRflY BEI:II:H
CITY ATTORNEY'S OFFICE
DELRA¥ BEACH
200 NW 1st AVENUE · DELRAY BEACH, FLORIDA 33444
TELEPHONE 561/243-7090 · FACSIMILE 561/278-4755
Writer's Direct Line: 5611243-7091
AlI.Amedca City
1993
DATE:
TO:
FROM:
December 20, 2000
City Commission
Brian Shutt, Assistant City Attorney
SUBJECT: Sale and Purchase of Hahn Property
The purchase of this property would allow the City to install drainage improvements
along Albatross Road. This property is located on the north side of Lindell Boulevard
just west of the FEC railroad tracks. The essemial terms of the purchase are as follows:
2.
3.
4.
The City shall purchase the property for $85,000.00.
The closing date shah be prior to February 20, 2001.
The City will pay for title insurance and recording of the deed.
The Seller shall pay all documentary stamps and the cost of any cure to the title
and satisfaction of an existing mortgage, if any.
Please call if you have any questions regarding the Comract for Sale and Purchase.
By copy of this memorandum to David Harden, our office requests that the Contract for
Sale and Purchase be placed on the January 2, 2001 City Commission agenda.
Attachment
CC:
David Harden, City Manager
Alison MacGregor Harty, City Clerk
Randal Krejcarek, City Engineer
12/22/00 FRI 11:51 FA~ 561 243 7314
£1'~NIRON~BNTAL SRV. DEPT.
City Of Delray Beach
Department of Environmental Services
M E M 0 R A N D U M
[~OOl
TO:
FROM:
David T. Harden
Randal L. Krejcarek, P.E.
DATE:
22 December, 2000
SUBJECT: Purchase of Walter Hahn Property
Project 2000-045
Brian Shutt is sending you an agenda item for the purchase of Walter Hahn's property.
This property is located just west of the FEC Railroad, between Lindell Boulevard and
Leon Weeks Environmental Preserve. As we discussed several weeks ago at DSMG,
this property will be utilized as a detention pond for the drainage improvements to be
constructed on Albatross Road.
The parcel, which is approximately 32,000 square feet, was appraised at $75,000.00.
Mr. Hahn was asking for $85,000.00 and the decision was made to pay him the asking
price.
The attached map shows the location of this property.
Please place this item on the 02 Jan 2001 commission agenda.
Thank you.
enc
Bill Grieve, Civil Engineer
Bdan Shutt, Assistant
file
llESSRVOO2t, DEPARTMENTStEngAdminIFYojectst2000~2000-O45V. ETTERSV~ahn propOl.doc
CONTRACT FOR SALE AND PURCHASE
WALTER & GEORGINE T. HAHN, ("Sellers"), of Windermere, Florida, and
CITY OF DELRAY BEACH, a Florida municipal corporation, ("Buyer"), hereby agree that
the Buyer shall buy the following real property ("Real Property") upon the following terms
and conditions:
I. DESCRIPTION:
Tract O, Tropic Palms Plat 1, as recorded in PB 25, page 99, of the public records of
Palm Beach County, Florida.
II. PURCHASE PRICE ................ $85,000.00
III. TIME FOR ACCEPTANCE; EFFECTIVE DATE: If this offer is not executed by
and delivered to all parties OR FACT OF EXECUTION communicated in writing between the
parties on or before January 17, 2001, the offer will, at Buyer's option, be withdrawn. The
date of this Contract ("Effective Date") will be the date when the last one of the Buyer and the
Seller has signed this offer.
IV. TITLE EVIDENCE: At least 7 days before closing date, Buyer shall obtain a title
insurance commitment.
V. CLOSING DATE: This transaction shall be closed and the deed and other closing
papers delivered on or before February 20, 2001, unless extended by other provisions of
Contract.
VI. RESTRICTIONS; EASEMENTS; LIMITATIONS: Buyer shall take title subject to:
zoning, restrictions, prohibitions and other requirements imposed by governmental authority;
restrictions and matters appearing on the plat or otherwise common to the subdivision; public
utility easements of record (easements are to be located contiguous to Real Property lines and
not more than 10 feet in width as to the rear or front lines and 7 1/2 feet in width as to the side
lines, unless otherwise specified herein); taxes for year of closing and subsequent years;
assumed mortgages and purchase money mortgages, if any; provided, that there exists at
closing no violation of the foregoing and none of them prevents the use of Real Property for
residential purpose.
VII. OCCUPANCY: Seller warrants that there are no parties in occupancy other than
Seller, but if Property is intended to be rented or occupied beyond closing, the fact and terms
thereof shall be stated herein, and the tenant(s) or occupants disclosed pursuant to Standard D.
Seller agrees to deliver
occupancy of Property at time of closing unless otherwise stated herein. If occupancy is to be
delivered before closing, Buyer assumes all risk of loss to Property from date of occupancy,
shall be responsible and liable for maintenance from that date, and shall be deemed to have
accepted Property in their existing condition as of time of taking occupancy unless otherwise
stated herein or in a separate writing.
VIII. TYPEWRITTEN OR HANDWRITTEN PROVISIONS: Typewritten or handwritten
provisions shall control all printed provisions of Contract in conflict with them.
IX. ASSIGNABILITY: Buyer may not assign Contract.
X. RIGHT OF FIRST REFUSAL: The instrument of conveyance from Seller to Buyer
shall provide that any future conveyance of the property described above, for a period of
fifteen (15) years, shall be subject to a right of first refusal by the Seller governed by the
following terms and conditions: (The terms Buyer and Seller refer to the terms as defined in
this agreement.)
In the event Buyer receives a bona-fide offer to purchase the Real Property, or any part
thereof, in an arms-length transaction ("Offer") which Buyer wishes to accept within the
fifteen (15) year period, the Seller sha,: have a first right of refusal to purchase such Real
Property upon the same terms and conditions contained in the Offer. In the event of the
receipt of an Offer Buyer shall present to the Seller a true copy of the Offer which Buyer
intends to accept. Upon Buyer's delivery of the Offer to Seller, Seller shall have ten (10) days
thereafter within which to elect to exercise its right of first refusal by the delivery of written
notice to Buyer of its exercise of its right of first refusal to the Property in accordance with the
terms and conditions contained in the Offer and this Section. The closing between Buyer and
Seller under the first refusal shall occur within ten (10) days following the Seller's timely
exercise of its right of first refusal. In the event the Seller fails to timely exercise its first right
of refusal, the right of refusal shall terminate and Buyer shall be free to close under the Offer
pursuant to the terms of the Offer and such right of first refusal shall not thereafter run with
land and shall immediately terminate upon the conveyance by Buyer to such third party. In the
event the offer is for less than all of the Real Property, this right of first refusal shall continue
as to the remainder of the Real Property.
STANDARDS FOR REAL ESTATE TRANSACTIONS
A. Evidence of Title: A title insurance commitment issued by a Florida licensed title
insurer agreeing to issue to Buyer, upon recording of the deed to Buyer, an owner's policy of title insurance in the
mount of the purchase price, insuring Buyer's title to real property, subject only to liens, encumbrances,
exceptions or qualification set forth in this agreement and those whmh shall be discharged by Seller at or before
closing. Seller shall convey a marketable title subject only to liens, encumbrances, exceptions or qualifications set
forth in this agreement and those which shall be discharged by Seller at or before closing. Marketable title shall
be determined according to applicable title standards adopted by authority of The Florida Bar and in accordance
with law. If title is found defective, Buyer shall notify Seller in writing spemfying defect(s). If the defect(s)
render title unmarketable, Seller will have one hundred twenty (120) days from receipt of notice within which to
remove the defect(s), failing which Buyer shall have the option of either accepting the title as it then is or
demanding a refund of deposit(s) paid which shall immediately be returned to Buyer; thereupon Buyer and Seller
shall release one another of all further obligauons under the agreement. Seller will, if title is found unmarketable,
use diligent effort to correct defect(s) in title within the time provided therefor, including the bringing of
necessary suits.
B. Survey: Buyer, at Buyer's expense, within time allowed to deliver evidence of title and to
examine same, may have real property surveyed and certified by a registered Florida surveyor. If survey shows
encroachment on real property or that improvements located on real property encroach on setback lines,
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easements, lands of others, or violate any restrictions, agreement covenants or applicable governmental
regulation, the same shall constttutea tale detect.
C. Ingress and Egress: Seller warrants and represents that there is regress and egress to
the real property sufficient for the intended use as descrtbed hereto, title to which is tn accordance with Standard
A.
D. Leases: Seller shall, not less than fifteen (15) days before closing, furnish to Buyer
copies of all written leases and estoppel letters from each tenant specifying the nature and duration of the tenant's
occupancy, rental rates, advanced rent and security deposits paid by tenant. If Seller ts unable to obtain such
letter from each tenant, the same information shall be furnished by Seller to Buyer within that time period in the
form of a Seller's affidavit, and Buyer may thereafter contact tenants to confirm such information. Seller shall, at
closing, deliver and assign all original leases to Buyer.
E. Liens: Seller shall furnish to Buyer at time of closing an affidavtt attesting to the
absence, unless otherwise provided for hereto, of any financing statements, claims of lien or potential lienors
known to Seller and further attesting that there h.t~e been no improvements or repairs to property for ninety (90)
days immediately preceding date of closing. If property has been improved, or repaired within that time, Seller
shall deliver releases or waivers of mechanics' liens executed by all general contractors, subcontractors, suppliers,
and materialmen in addition to Seller's lien affidavit setting forth the names of all such general contractors,
subcontractors, suppliers and materialmen and further affirming that all charges for tmprovements or repairs
which could serve as a basis for a mechanic's line or a claim for damages have been paid or will be paid at
closing.
F. Place of Closing: Closing shall be held in the county where real property is located, at
the office of the attorney or other closing agent designated by Buyer.
G. Time: Time is of the essence of this agreement. Time periods herein of less than six
(6) days shall in the computation exclude Saturdays, Sundays and state or national legal holidays, and any time
period provided for herein which shall end on Saturday, Sunday or legal holiday shall extend to 5:00 p.m. of the
next business day.
Documents for Closing: Seller shall furnish deed, bill of sale, mechanic's lien
affidavit, assignments of leases, tenant and mortgagee estoppel letters, and corrective instruments. Buyer shall
furnish closing statement, mortgage, mortgage note, security agreement, and financial statements.
I. Expenses: Documentary stamps on the deed shall be paid by Seller.
J. Prorations; credits: Taxes, assessments, rent, interest, insurance and other expenses
and revenue of property shall be prorated through day before closing. Buyer shall have the option to taking over
any existing policies of insurance, if assumable, in which event premiums shall be prorated. Cash at closing shall
be increased or decreased as may be required by prorattons. Prorations will be made through day prior to
occupancy if occupancy occurs before closing. Advance rent and security deposits will be credited to Buyer and
escrow deposits held by mortgagee wtll be credited to Seller. Taxes shall be prorated based on the current year's
tax with due allowance made for maximum allowable discount,homestead and other exemptions. If closing occurs
at a date when the current year's milage is not fixed, and current year's assessments is available, taxes will be
prorated based upon such assessment and the prior year's mflage. If current year's assessment is not available,
then taxes will be prorated on the prlor year's tax. If there are completed improvements on real property by
lanuary 1st of year of closing which tmprovements were not tn existence on January 1st of the prior year then
taxes shall be prorated based upon the prtor year's milage and at an equitable assessment to be agreed upon
between the parties, faihng which, request wtll be made to the County Property Appraiser for an informal
assessment taking into consideration available exemptions. Any tax proration based on an estimate may, at
-3-
request of either Buyer or Seller, be subsequently readjusted upon receipt of tax bill on condition that a statement
to that effect is in the closing statement.
K. Special Assessment Liens: Certified, confirmed and ratified special assessment liens
as of date of closing (and not as of Effective Date) are to be paid by Seller. Pending liens as of date of closing
shall be assumed by Buyer. if the improvement has been substantially completed as of Effective Date, such
pending lien shall be considered as certified, confirmed or ratified and Seller shall, at closing, be charged an
amount equal to the last estimate of assessment for the improvement by the public body.
L. Inspection~ Repair and Maintenance: Seller warrants that, as of ten (10) days prior
to closing, the ceiling, roof (including the fascia and soffits) and exterior and interior walls do not have any
VISIBLE EVIDENCE of leaks or water damage and that the septic tank, pool, all major appliances, heating,
cooling, electrical, plumbing systems and machinery are in WORKING CONDITION. Buyer may, at Buyer's
expense, having inspections, made of those items by an appropriately Florida license person dealing m the
construction, repair or maintenance of those items and shall report in writing to Seller such items that do not meet
the above standards as to defects together with :he cost of correcting them, prior to Buyer's occupancy or not less
than ten (10) days prior to closing, whichever occurs first. Unless Buyer reports such defects within that time
Buyer shall be deemed to have waived Seller's warranties as to defects not reported. If repairs or replacement are
required, Seller shall pay up to three percent (3%) of the purchase price for such repairs or replacements by an
appropriately Florida licensed person selected by Seller. If the cost for such repairs or replacement exceeds three
percent (3%) of the purchase price, Buyer or Seller may elect to pay such excess, failing which either party may
cancel this agreement. If Seller is unable to correct the defects prior to closing, the cost thereof shall be paid into
escrow at closing. Seller will, upon reasonable notice, provide utilities service for inspections. Between the
effective date and the closing, Seller shall maintain property including but not limited to the lawn and shrubbery,
in the condition herein warranted, ordinary wear and tear excepted. Buyer shall be permitted access for
inspection of property prior to closing in order to confirm compliance with this standard.
M. Risk of Loss: If the property is damaged by fire or other casualty before closing and
cost of restoration does not exceed the purchase price of the property so damaged, cost of restoration shall be an
obligation of the Seller and closing shall proceed pursuant to the term so the agreement with restoration costs
escrowed at closing. If the cost of the restorauon exceeds three percent (3%) of the assessed valuation of the
improvements so damaged, Buyer shall have the option of either taking property as is, together with either the
three percent (3%) or any insurance proceeds payable by virtue of such loss or damage, or of canceling the
agreement and receiving return of deposit(s).
N. Escrow: Any escrow agent CAgent~) receiving funds or equivalent is authorized and
agrees by acceptance of them to deposit them promptly, hold same in escrow and, subject to clearance, disburse
them in accordance with terms and conditions of agreement. Failure of clearance of funds shall not excuse
Buyer's performance. If in doubt as to Agent's duties or liabilities under the provisions of agreement, Agent
may, at Agent's option, continue to hold the subject matter of the escrow until the parties mutually agree to its
disbursement, or until a judgment of a court of competent jurisdiction shall determine the rights of the parties or
Agent may deposit with the clerk of the circuit court having jurisdiction of the dispute. Upon notifying all parties
concerned of such action, all liability on the part of Agent shall fully terminate, except to the extent of accounting
for any items previously delivered out of escrow. If a licensed real estate broker, Agent will comply with
provisions of Chapter 475, F.S. (1997), as amended. Any suit between Buyer and Seller where Agent is made a
party because of acting as Agent hereunder, or in any suit wherein Agent interpleads the subject matter of the
escrow, Agent shall recover reasonable attorney's fees and costs incurred with the fees and costs to be charged
and assessed as court costs in favor of the prevailing party. Parties agree that Agent shall not be liable to any
party or person for misdelivery to Buyer or Seller of items subject to this escrow, unless such misdelivery is due
to willful breach of contract or gross negligence of Agent.
O. Failure of Performance: If Buyer fails to perform this Contract within the time
specified (including payment of all deposit(s)), the deposit(s) paid by Buyer may be retained by or for the account
-4-
of Seller as agreed upon liquidated damages, consideration for the execution of this Contract and in full settlement
of any claims; whereupon, Buyer and Seller shall be relieved of all obligations under Contract; or Seller, at
Seller's option, may proceed in equity to enforce Seller's rights under this Contract. If, for any reason other than
failure of Seller to make Seller's utle marketable after diligent effort, Seller fails, neglects or refuses to perform
this Contract, the Buyer may seek specific pertbrmance or elect to recetve the return of Buyer's deposit(s) without
thereby waiving any action for damages resuRmg from Seller's breach.
P. Agreement Not Recordable; Persons Bound; Notice: Neither this agreement nor any
notice of it shall be recorded in any public records. This agreement shall bind and enure to the benefit of the
parties and their successors in interest. Whenever the context permits, singular shall include plural and one
gender shall include all. Notice given by or to the attorney for any party shall be as effective as ff given by or to
that party.
Q. Conveyance: Seller shall convey the property by way of Warranty Deed subject to an
easement for any utilities that may exist and lie on the property,
R. Other Agreements: No prior or present agreements or representations shall be binding
upon Buyer or Seller unless included in this Contract. No modification or change m thru Contract shall be valid or
binding upon the parties unless in writing and executed by the party or parties intended to be bound by it.
S. Warranties: Seller warrants that there are no facts known to Seller materially
affecting the value of the real property which are not readily observable by Buyer or which have not been
disclosed to Buyer.
BUYER: City of Delray Beach
SELLERS:
By: By:
Mayor, David Schmidt
Walter Hahn
ATTEST:
By:
City Clerk
By:
Georgine T. Hahn
Approved as to Form:
By:
City Attorney
State of Florida
County of Palm Beach
The foregoing instrument was acknowledged before me this ~
200_ by WALTER HAHN, who is personally known to me
.(type of identification) and who did (did not) take an oath.
day of ,
or who has produced
Signature of Notary Public-
-5-
State of Florida
State of Florida
County of Palm Beach
The foregoing instrument was acknowledged before me this ~ day of ,
200_ by GEORGINE T. HAHN, who is personally known to me or who has produced
(type of identification) and who did (did not) take an oath.
Signature of Notary Public-
State of Florida
-6-
· .12/22/00 FRI 11:52 FAX 561 243 7314 ENVIRONIIENTAL SRV. DEPT. ~002
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Tuesday, December 26, 2000 7B
CLASSIFIED
~ Nm
TuesdaY, December 19, 2000
,CLASSIFIED
LEGAL NOTICES
mct O, Tropc Palms Plat 1, as recom-
~nd Ooltars (US $85,000 00) and is
I~e oo~ract ~ file wl~ ~e CI~ r2,er~
R Resolu~on of rte City Com~s~on
m~thorizing rte purc~ cd property
~ Incoql4N'at~ng b~e terms and condi-
tion at a regular rneeUng to be ~ld on
set ~the Con~) at 6~0 p m in
t the Cemmlss~ Chambers at CJty Ha,,
IOONW 1 st Aveflue, gelray Beaci~,
' "CITY 06 DELRAY BEACH
CITY OF DELRAY BEACH, FLORIDA
NOTICE OF INTENT TO ACQUIRE REAL PROPERTY
NOTICE IS HEREBY GIVEN that the City of Delray Beach, Florida, has
determined it to be in the best interests of the City to purchase certain real property for municipal
purposes, more particularly described as follows:
Tract O, Tropic Palms Plat 1, as recorded in Plat Book 25, Page
99, of the Public Records of Palm Beach County, Florida.
The purchase is for Eighty-Five Thousand Dollars (US$85,000.00) and is subject to the terms
and conditions of the contract on file with the City Clerk. A Resolution of the City Commission
of the City of Delray Beach, Florida, authorizing the purchase of property and incorporating the
terms and conditions of such purchase will be considered for adoption by the City Commission
at a regular meeting to be held on Tuesday, January 2, 2001 (or at any continuation of such
meeting which is set by the Commission) at 6:00 p.m. in the Commission Chambers at City Hall,
100 N.W. 1st Avenue, Delray Beach, Florida.
PUBLISH: Delray Beach News CITY OF DELRAY BEACH
December 19, 2000 Alison MacGregor Harty
December 26, 2000 . City Clerk . .
Instructions to Newspaper: This is a standard legal ad to be placed in the legal/classified
section. Thank you.
Ref.'Notice of Intent to Acquire. Tract O.Trop~c Palms Plat I
[ITY OF DELRRY BEREH
CITY ATTORNEY'S OFFICE
DELRAY BEACH
200 NW 1st AVENUE · DELRAY BEACH, FLORIDA 33444
TELEPHONE 561/243-7090 · FACSIMILE 561/278-4755
Writer's Direct Line: 561/243-7091
dUkklw~ C~y
1993
DATE:
December 11, 2000
TO:
FROM:
Alison Harty, City Clerk
Brian Shutt, Assistant City Attorney
SUBJECT: Purchase of Hahn Property
The City wishes to purchase the property as outlined in the attached contract for sale and
purchase. I would like for this item to be on the January 2, 2001 City Commission
agenda. Pursuant to our phone conversation, please publish this on December 19 and
26. Please call if you have any questions.
RECEIVED
CTTY CLERK
CONTRACT FOR SALE AND PURCHASE
WALTER & GEORGINE T. HAHN, ("Sellers"), of Windermere, Florida, and
CITY OF DELRAY BEACH, a Florida municipal corporation, ("Buyer"), hereby agree that
the Buyer shall buy the following real property ("Real Property") upon the following terms
and conditions:
DESCRIPTION:
Tract O, Tropic Palms Plat 1, as recorded in PB 25, page 99, of the public records of
Palm Beach County, Florida.
PURCHASE PRICE ................ $85,000.00
III. TEME FOR ACCEPTANCE; EFFECTIVE DATE: If this offer is not executed by
and delivered to all parties OR FACT OF EXECUTION communicated in writing between the
parties on or before ~Ianuary 17, 2001, the offer will, at Buyer's option, be withdrawn. The
date of this Contract ("Effective Date") will be the date when the last one of the Buyer and the
Seller has signed this offer.
IV. TITLE EVIDENCE: At least 7 days before closing date, Buyer shall obtain a title
insurance commitment.
V. CLOSING DATE: This transaction shall be closed and the deed and other closing
papers delivered on or before February 20, 2001, unless extended by other provisions of
Contract.
VI. RESTRICTIONS; EASEMENTS; LIMITATIONS: Buyer shall take title subject to:
zoning, restrictions, prohibitions and other requirements imposed by governmental authority;
restrictions and matters appearing on the plat or otherwise common to the subdivision; public
utility easements of record (easements are to be located contiguous to Real Property lines and
not more than 10 feet in width as to the rear or front lines and 7 Ih feet in width as to the side
lines, unless otherwise specified herein); taxes for year of closing and subsequent years;
assumed mortgages and purchase money mortgages, if any; provided, that there exists at
closing no violation of the foregoing and none of them prevents the use of Real Property for
residential purpose. ~
VII. OCCUPANCY: Seller warrants that there are no parties in occupancy other than
Seller, but if Property is intended to be rented or occupied beyond closing, the fact and terms
thereof shall be stated herein, and the tenant(s) or occupants disclosed pursuant to Standard D.
Seller agrees to deliver
occupancy of Pr6perty at time of closing unless otherwise stated herein, ff occupancy is to be
delivered before closing, Buyer assumes all risk of loss to Property from date of occupancy,
shall be responsible and liable for maintenance from that date, and shall be deemed to have
accepted Property in their existing condition as of time of taking occupancy unless otherwise
stated herein or in a separate writing.
IZ, uu/uu ~qz~ 10:64 I-..~X.561 ~78 4755 DEL I~ICH CT~ ATT¥ ~]00~
VIII. TYPEWRITTEN OR HANDWRITTEN PROVISIONS: Typewritten or handwritten
provisions shall control all printed provisions of Contract in conflict with them.
IX. ASSIGNABILITY: Buyer may not assign Contract.
X. RIGHT OF FIRST REFUSAL: The instrument of conveyance from Seller to Buyer
shall provide that any future conveyance of the property described above, for a period of
fifteen (15) years, shall be subject to a right of first refusal by the Seller governed by the
following terms and conditions: (The terms Buyer and Seller refer to the terms as defined in
this agreement.)
In the event Buyer receives a bona-fide offer to purchase the Real Property, or any part
thereof, in an arms-length transaction ("Offer") which Buyer wishes to accept within the
fifteen (15) year period, the Seller shall have a first right of refusal to purchase such Real
Property upon the same terms and conditions contained in the Offer. In the event of the
receipt of an Offer Buyer shall present to the Seller a true copy of the Offer which Buyer
intends to accept. Upon Buyer's delivery of the Offer to Seller, Seller shall have ten (10) days
thereafter within which to elect to exercise its right of first refusal by the delivery of written
notice to Buyer of its exercise of its right of first refusal to the Property in accordance with the
terms and conditions contained in the Offer and this Section. The closing between Buyer and
Seller under the f'u'st refusal shall occur within ten (10) days following the Seller's timely
exercise of its right of first refusal. In the event the Seller fails to timely exercise its first right
of refusal, the right of refusal shall terminate and Buyer shall be free to close under the Offer
pursuant to the terms of the Offer and such right of first refusal shall not thereafter run with
land and shall immediately terminate upon the conveyance by Buyer to such third party. In the
event the offer is for less than all of the Real Property, this right of tn'st refusal shall continue
as to the remainder of the Real Property.
STANDARDS FOR REAL ESTATE TRANSACTIONS
A. Evidence of Title: A title insurance commitment issued by a Florida licensed title
insurer agreeing to issue to Buyer, upon recording of the deed to Buyer, an owner's policy of title insurance in the
amount of the purchase price, insuring Buyer's title to real property, subject only to liens, encumbrances,
exceptions or qualification set forth in this agreement and those which shall be discharged by Seller at or before
closing. Seller shall convey a marketable title subject only to liens, encumbrances, exceptions or qualifications set
forth in this agreement and those which shall be discharged by Seller at or before closing. Marketable rifle shall
be determined according to applicable title standards adopted by authority of The Florida Bar and in accordance
with law. If title is found defective, Buyer shall notify Seller in writing specifying defect(s). If the defect(s)
render title unmarketable, Seller will have one hundred twenty (120) days from receipt of notice within which to
remove the defect(s), failing which Buyer shall have the option of either accepting the title as it then is or
demanding a refund of deposit(s) paid which shall immediately be returned to Buyer; thereupon Buyer and Seller
shall release one another of all further obligations under the agreement. Seller will, if title is found unmarketable,
use diligent effort to correct defect(s) in title within the time provided therefor, including the bringing of
necessary suits.
B. Survey: Buyer, at Buyer's expense, within time allowed to deliver evidence of title and to
examine same, may have real property surveyed and certified by a registered Florida surveyor. If survey shows
encroachment on real property or that improvements located on real property encroach on setback lines,
12/06/00., ~$'ED ~0:36 FAX 561 278 4755 DEL BCH CTY ATTY ~004
easements, lands of others, or violate any restrictions, agreement covenants or applicable governmental
regulation, the same shall constitute a title defect.
C. Ingress and Er, rea: Seller warrants and represents that there is ingress and egress w
thc real property sufficient for the intended use as described herein, title to which is in accordance with Standard
A.
D. Leases: Seller shall, not less than fifteen (15) days before closin$, furnish to Buyer
copies of all written leases and estoppel letters from each tenant specifying the nature and duration of the tenant's
occupar~y, rental rates, advanced rent and security deposits paid by tenant. If Seller is unable to obtain such
letter from each tenant, the same information shall be furnished by Seller to Buyer within that time period in the
form of a Seller's affidavit, and Buyer may thereafter contact tenants to confirm such information. Seller shall, at
closing, deliver and assign all original leases to Buyer.
E. Liens: Seller shall furnish to Buyer at time of closing an affidavit attesting to the
absence, unless otherwise provided for herein, of any financing statements, claims of lien or potential lienors
known to Seller and further attesting that there have been no improvements or repairs to property for ninety (90)
days immediately preceding date of closing. If property has been improved, or repaired within that time, Seller
shall deliver releases or waivers of mechanics' liens executed by all general contractors, subcontractors, suppliers,
and materialmen in addition to Seller's lien affidavit setting forth the names of all such general contractors,
subcontractors, suppliers and materialmen and further affu'ming that all charges for improvements or repairs
which could serve as a basis for a mechanic's line or a claim for damages have been paid or will be paid at
closing.
F. Place of Closing: Closing shall be held in the county where real property is located, at
the office of the attorney or other closing agent designated by Buyer.
O. Time: Time is of the essence of this agreement. Time periods herein of less than six
(6) days shall in the computation exclude Saturdays, Sundays and state or national legal holidays, and any time
period provided for herein which shall end on Saturday, Sunday or legal holiday shall exten~ to 5:00 p.m. of the
next business day. ~
H. Documents for Closing: Seller shall furnish ~eed, bill of sale, mechanic's lien
affidavit, assignments of leases, tenant and mortgagee estoppel letters, and corrective instruments. Buyer shall
furnish closing statement, mortgage, mortgage note, security agreement, and financial statements.
I. Expenses: Documentary stamps on the deed shall be paid by Seller.
J. Prorations~ credtts: Taxes, assessments, rent, interest, insurance and other expenses
and revenue of property shall be prorated through day before closing. Buyer shall have the option to taking over
any existing policies of insurance, if assumable, in which event premiums shall be prorated. Cash at closing shall
be increased or decreased as may be required by prorations. Prorations will be made through day prior to
occupancy if occupancy occurs before closing. Advance rent and security deposits w~ll be credited to Buyer and
escrow deposits held by mortgagee will be credited to Seller. Taxes shall be prorated based on the current year's
tax with due allowance made for maximum allowable discount,homestead and other exemptions. If closing occurs
at a date when the current year's milage is not fixed, and current year's assessments is available, taxes will be
prorated based upon such assessment and the prior year's milage. If current year's assessment is not available,
then taxes will be prorated on the prior year's tax. If there are completed improvements on real propeny by
January 1st of year of closing which improvements were not in existence on January 1st of the prior year then
taxes shall be prorated based upon the prior year's milage and at an equitable assessment to be agreed upon
between the parties, failing which, request will be made to the County Property Appraiser for an informal
assessment taking into consideration available exemptions. Any tax proration based on an estimate may, at
1~/o~/oo. t~ED 10:37 F~ 5~1 278 4755 DEL BCH CTY ATTY
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request of either Buyer or Seller, be subsequently readjust~ upon receipt of tax bill on condition that a statement
to that effect is in the closing statcmenC
K. .Special Assessment Liens: Certified, confirmed and ratified special assessment liens
as of date of closing (and not as of Effective Date) are to be paid by Seller. Pending liens as of date of closing
shall be assumed by Buyer. If the improvement has been substantially completed as of Effective Date, such
pending lien shall be considered as certified, confirmed or ratified and Seller shall, at closing, be charged an
amount equal to the last estimate of assessment for the improvement by thc public body.
L. Insl~ection, Reoair and Maintenance: Seller warrants that, as of ten (10) days prior
to closing, the ceiling, roof (including the fascia and soffits) and exterior and interior walls do not have any
VISIBLE EVIDENCE of leaks or water damage and that the septic tank, pool, all major appliances, heating,
cooling, electrical, plumbing systems and machinery are in WORKING CONDITION. Buyer may, at Buyer's
expense, having inspections made of those items by an appropriately Florida license person dealing in the
construction, repair or maintenance of those items and shall report in writing to Seller such items that do not meet
the above standards as to defects together with the cost of correcting them, prior to Buyer's occupancy or not less
than ten (10) days prior to closing, whichever occurs first. Unless Buyer reports such defects within that time
Buyer shall be deemed to have waived Seller's warranties as to defects not reported. If repairs or replacement are
required, Seller shall pay up to three percent (3%) of the purchase price for such repairs or replacements by an
appropriately Florida licensed person selected by Seller. If the cost for such repairs or replacement exceeds three
percent (3%) of the purchase price, Buyer or Seller may elect to pay such excess, failing which either party may
cancel this agreement. If Seller is unable to correct the defects prior to closing, the cost thereof shall be paid into
escrow at closing. Seller will, upon reasonable notice, provide utilities service for inspections. Between the
effective date and the closing, Seller shall maintain property including but not limited to the lawn and shrubbery,
in the condition herein warranted, ordinary wear and tear excepted. Buyer shall be permitted access for
inspection of property prior to closing in order to conftrm compliance with this standard, t
M, Risk of Loss: If the property is damaged by fire or other casualty'before closing and
cost 9f restoration does not exceed the purchase price of the property so damaged, cost of restoration shall be an
obligation of the Seller and closing shall proceed pursuant to the term so the agreement with restoration costs
escrowed at closing. If the cost of the restoration exceeds three percent (3%) of the assessed valuation of the
improvements so damaged, Buyer shall have the option of either taking property as is, together with either the
three percent (3%) or any insurance proceeds payable by virtue of such loss or damage, or of canceling the
agreemem and receiving return of deposit(s),
N. Escrow: Any escrow agent ("Agent") receiving funds or equivalent is authorized and
agrees by acceptance of them to deposit them promptly, hold same in escrow and, subject to clearance, disburse
them in accordance with terms and conditions of agreement. Failure of clearance of funds shall not excuse
Buyer's performance. If in doubt as to Agent's duties or liabilities under the provisions of agreement, Agent
may, at Agent's option, continue to hold the subject matter of the escrow until the parties mutually agree to its
disbursement, or until a judgment of a court of competent jurisdiction shall determine the rights of the parties or
Agent may deposit with the clerk of the circuit court having jurisdiction of the dispute. Upon notifying all parties
concerned of such action, all liability on the part of Agent shall fully tcrminate, except to the extent of accounting
for any items previously delivered out of escrow. If a licensed real estate broker, Agent will comply with
provisions of Chapter,475, F.S. (1997), as mended. Any suit between Buyer and Seller where Agent is made a
party because of acting as Agent hereunder, or in any suit wherein Agent interpleads the subject matter of the
escrow, Agent shall recover reasonable attorney's fees and costs incurred with the fees and costs to be charged
and assessed as court costs in favor of the prevailing party. Parties agree that Agent shal[~ not be liable to any
party or person for misdelivery to Buyer or Seller of items subject to this escrow, unless such misdelivery is due
to willful breach of contract or gross negligence of Agent. ,
O. Failure of Performance: If Buyer fails to perform this Contract within the time
specified (including payment of all deposit(s)), the deposit(s) paid by Buyer may be retained by or for the account
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*z,o~u. ~o 10:dS PA.A ~1 278 47~5 DEL BCH CTY ATTY
[~006
of Seller as agreed upon liquidated damages, consideration for the execution of this Contract and ih full settlemem
of any claims; whereupon, Buyer and Seller shall be relieved of all obligations under Contract; or Seller, at
Seller's option, may proceed in equity to enforce Seller's rights under this Contract. If, for any reason other than
failure of Seller to make Seller's title marketable after diligent effort, Seller fails, neglects or refuses to perform
this Contract, the Buyer may seek specific performance or elect to receive the return of Buyer's deposit(s) without
thereby waiving any action for damages resulting from Seller's breach.
P. Agr_eement Not Recordable; Perm)as Bound~ Notice: Neither this agreement nor any
notice of it<shall be recorded in any public records. This agrecmem shall bind and cnure to the benefit of the
parties and their successors in interest. Whenever the context permits, singular shall include plural and one
gender shall include all. Notice given by or to the atwrney for any party shall be as effective as if given by or to
that parly.
Q. Conveyance~: Seller shall convey the property by way of Warranty Deed subject to an
easement for any utilities that may exist and lie on the property.
R. Other Agreements: No prior or present agreements or representations shall be binding
upon Buyer or Seller unless included in this Contract. No modification or change in this Contract shall be valid or
binding upon the parties unless in writing and executed by the party or parties intended to be bound by it.
S. Warranties: Seller warrants that there are no facts known to tSeller materially
affecting the value of the real property which are not readily observable by Buyer or which have not been
disclosed to Buyer.
BUYER: City of Delray Beach SELLEI~. /~-~/ A
By: By:. Walter Hahn [
Mayor, David Schmidt ~~~~/<
ATTEST: ~j, ' ~--
By: "~Gc°rg~me T. Hahn
City Clerk
Approved as to Form:
By:
City Attorney
State of Florida i
County of Palm Beach
The foregoing instrument was acknowledged b~fore me this day of
200_ by WALTER HAHN, who is personally known to me or who has
.(type of identification) and who did (did not) take an oath.
produced
Signature of Notary Public-
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12/06/00. . .- WED 10>40 FAK ~61 278 4755 DEL BC__H CTY ATTY
~007
State of Florida
State of Florida
County of Palm Beach
The foregoing instrument was acknowledged before me this day of ,
200_ by GEORGINE T. HAHN, who is personally known to me or who has produced
.(type of identification) and who did (did not) take an oath.
Signature of Notary Public-
Stat~ of Florida